The TTAB recently decided the appeals from the three Section 2(d) likelihood of confusion refusals summarized below. At least one of the three refusals was reversed. How do you think they came out? [Answer will be found in the first comment.]
In re Mas Clarella SL, Application Serial No. 88079246 (May 6, 2021) [not precedential] (Opinion by Judge George C. Pologeorgis). [Section 2(d) refusal of NYMPHS OF CLARELLA in view of the registered mark THE NYMPH, both for wines. Applicant maintained that "nymph" is somewhat suggestive or even descriptive of wine because the term has a strong association with Dionysus, the Greek god of wine, and therefore the term "OF CLARELLA" distinguishes the marks.]
In re ProBleu, Inc., Serial No. 88310811 (May 4, 2021) [not precedential] (Opinion by Judge Thomas W. Wellington). [Section 2(d) Refusal of PROBLEU for computer information security and computer network support services, in view of the registered mark BLUEPRO & Design for overlapping computer security services. Applicant argued that the transposition of the wording is significant because neither mark gives "any indication as to the goods and/or services they are selling or providing, and the ordering and appearance of the terms thus makes all the difference."]
In re Royal Realty Corp., Serial No. 88380382 (April 22, 2021) [not precedential] (Opinion by Judge Karen Kuhlke). [Section 2(d) refusal of LIVE ON POINT for "Real estate services, namely, leasing and management of buildings," in view of the registered mark ON POINT CAROLINAS REALTY for identical or related real estate services [CAROLINAS REALTY disclaimed]. Applicant argued that the real estate market is replete with uses of "on point," and further that its mark exhorts consumers to LIVE ON POINT, whereas the cited mark informs customers that registrant's services are directed to a specific geographic location.]
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